Partner - Auckland
David Collins
David is a trusted local government expert, specialising in regulatory enforcement and public law.
David is a trusted local government expert, specialising in regulatory enforcement and public law.
About
David is at the forefront of regulatory enforcement and public law litigation on behalf of local authorities, acting on some of the most significant and complex cases. He is experienced in defending judicial review proceedings and advising on effective local government decision-making, bringing a deep understanding of the law and the pressures, politics and practical realities that shape public sector decisions.
David is a trusted advisor to local authorities on matters involving public safety risks, technical complexity, difficult litigants or political sensitivity. He has a particular interest in multifaceted issues arising from natural hazards and emergency contexts.
In the enforcement context, David provides specialist advice on investigation strategy, and how to embed best-practice policies, systems and training to establish and sustain successful regulatory compliance and enforcement functions.
Early in his career, David was seconded in-house to the former Waitākere City Council, and later worked in-house at Ngā Ratonga Ture (Auckland Council Legal Services), where he was the lead lawyer managing the Council’s regulatory enforcement litigation workstream.
Recent Cases & Achievements
Judicial review proceedings – Defending applications for judicial review across a wide range of local authority decisions, including local board decision-making, prohibiting trading in public areas, statutory bylaw review processes, roading decisions, wreck removal under the Maritime Transport Act 1994, seizure of protest signs under a bylaw, and menacing dog classification processes.
Auckland Council v Francis John Ramsey [2026] NZDC 15683: Prosecution and enforcement order proceedings for RMA offending relating to a sophisticated scheme to prevent saltwater inundation into an environmentally unique coastal marine area through extensive unconsented earthworks, mangrove clearance, drainage infrastructure, reclamation and stopbank construction. Council secured a deterrent penalty and orders requiring full restoration of this unique ecological area.
Brook Fendall v QLDC [2026] NZHC 2676: Prosecution to resolve a longstanding roading encroachment issue under the Local Government Act 1974, with the fine upheld on appeal.
Joint Coronial Inquiry into the Auckland Floods and Cyclone Gabrielle CSU-2023-AUK-000131, 133, 136, 141, 214, 219; CSU-2023-HAS-000043–46, 48–51, 53, 70, 89, 170 – Advising Auckland Council on the preparation of submissions and comprehensive evidence for senior staff concerning planning, consenting and emergency management matters arising from the inquiry into the 2023 severe weather events.
Kāpiti Coast District Council v Peter Jackson [2026] NZEnvC 028 – Successful enforcement order proceedings to resolve longstanding environmental issues relating to an automotive business.
Lehopoame Hausia v Dale Ofsoske [2025] NZDC 29372 – Defended the Electoral Officer in an urgent hearing under the Local Electoral Act 2001 concerning allegations of electoral fraud by unknown third parties in relation to the Papatoetoe Local Board election.
QLDC v Skyline Enterprises Ltd [2025] NZDC 30644: Combined enforcement order and prosecution proceedings for RMA offending relating to a prominent commercial development that contributed to the declaration of a state of emergency, resulting in significant fines, cost recovery and reparation for affected property owners.
Page and Crosbie v Kāpiti Coast District Council [2025] NZEnvC 334: Defended an abatement notice appeal concerning excessive earthworks.
Paul Smith [2024] BPB 26520: Specialist advisor to the LBP Board on a fundamental question concerning the scope of “restricted building work”.
Auckland Council v [Name suppressed] [2024] NZDC 27414: Prosecution of an earthworks company and director for Crimes Act 1961 and RMA offending involving the fraudulent alteration of resource consents to obtain pecuniary advantage, together with unconsented commercial earthworks at two properties.
Queenstown Lakes District Council v Hensman [2024] NZHC 2493: Successful appeal on points of law confirming that s224(c) of the Resource Management Act 1991 is not a statutory duty enforceable against local authorities, and that a subdivision code of practice can have legal effect through resource consent conditions.
Auckland Council v Guardian Retail 415 Ltd & Ors [2023] NZDC 26452: Prosecution of commercial-scale illegal building work associated with a hospitality precinct.
Auckland Council v Paul [2022] NZHC 1898: Successful prosecutor’s appeal overturning a decision not to impose a destruction order under the Dog Control Act 1996, providing clarity on the threshold for provocation in the context of a claim of exceptional circumstances.
R v Lau [2018] NZHC 2935: Highest imprisonment sentence imposed to date on an RMA offender for complex, multi-site offending, upheld on appeal.
‘Harnessing generative artificial intelligence to streamline RMA processes’, Resource Management Journal, 9 May 2025.
‘Jurisdictional boundaries: can the Environment Court order a council to issue a s224(c) certificate?’, Resource Management Journal, 12 December 2024.
Credentials
LLB/BA, University of Auckland